How have courts interpreted the words in the grant of the right-of-way?
Ontario, Canada
The following excerpt is from Markowski v. Verhey, 2020 ONCA 472 (CanLII):
Where the words in the grant of the right-of-way are unclear, the historic use and circumstances surrounding the use of the property subject to the easement are particularly important to understand the nature and extent of the rights conveyed: Square-Boy Limited v. The City of Toronto, 2017 ONSC 7178, at para. 33; Laurie v. Winch, 1952 CanLII 10 (SCC), [1953] 1 S.C.R. 49, at p. 56.
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